Three News Items About Ontario Personal Injury Law

Slip-and-fall trends, extra-jurisdictional liability and possible Canada disability benefit

One trend that has attracted notice is the statistics surrounding slip-and-fall accidents. During the first year of the Covid-19 pandemic, there was, according to the Canadian Institute for Health Information, a 25% decrease in injuries from falls on ice that resulted in hospitalization. In the 2021 year, some lawyers observed a rise – although, the numbers were moderated by a mild winter. As well, a significant change in the law of slip-and-fall accidents came into effect during the Covid-19 pandemic; namely, Bill 118 which introduced new limitation periods. Previously, the general 2-year limitation period applied. However, after this bill was passed, a new notice requirement was implemented. For slip-and-fall claims against a municipality, the deadline to provide written notice of claim to the municipality is 10 days from the accident; and for claims against private property occupiers, the deadline is, subject to a few exceptions, 60 days.[1]

Next, these recent months are a time when many North Americans – sometimes referred to as ‘snowbirds’ – travel south to warmer locations. According to a government report, in December 2022, Canadian residents returned from 2.5 million trips to the US, many to popular southern destinations such as Florida, California, Arizona and Hawaii.[2] As an Ontario resident with similar plans, it is important to ensure your medical travel and auto insurance coverage are in place. For example, it is advisable to have medical travel insurance for each accompanying family member and it may also be beneficial to add optional benefits to your motor vehicle policy. Unfortunately, a vehicular accident can happen anywhere and at any time. There are two aspects to MVA litigation – accident benefits and a lawsuit for damages for pain and suffering. In the first instance, you can claim Ontario benefits or possibly accident benefits in the state or jurisdiction where the accident occurred. In the second, it is the law of the place where the accident occurred that applies.

Also discussed in personal injury law circles is a bill that Parliament is considering titled Bill C-22, which is about potentially providing a disability benefit to low-income Canadians under the age of 65 who have a disability. It is estimated that about 23% of working-age Canadians with disabilities lives in poverty. And so the objective of this new piece of legislation is to reduce poverty and increase financial stability – hopefully, bringing people up to at least the poverty line. While this development appears positive, a number of issues have been raised by stakeholders. First, the details of who would be eligible and the amount and payment schedule of the benefit is still undetermined; it is anticipated these details would continue to be debated and eventually defined in a regulation made under the Act about one year after the legislation is passed. Another disadvantage is that the benefit would stop at age 65 even though disability-caused poverty would continue after. Lastly, it is uncertain if the disability benefit would disqualify applicants from other benefits or allow the provincial government or insurance companies to claw back other amounts.[3]

[1] Aidan Macnab, “Slip-and-fall claims rebounding after pandemic lull: personal injury lawyer”: https://www.lawtimes.com

[2] Statistics Canada, “Travel between Canada and other countries, December 2022”: https://www150.statcan.gc.ca

[3] Natasha Bulowski, “New disability benefit on its way to making ‘major, major difference’ for working-age Canadians”: https://www.nationalobserver.com